Motion 05 Employment Rights Act 2025

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Congress welcomes the ERA 2025 and reiterates its support for the New Deal for Working People and Labour’s commitment in that deal, that our law on industrial action should comply with the international laws which the UK has ratified including Convention 87 of the International Labour Organization and Article 6 of the European Social Charter.

Congress notes that State compliance with its international law obligations is a fundamental aspect of the rule of law to which Labour is committed. Congress views with concern the decisions of the supervisory bodies of the ILO that the UK is in breach of ILO Convention 87 which, as the International Court of Justice held in May, protects the right to strike.

Decisions of the ILO supervisory bodies have repeatedly found that several aspects of UK industrial action law are in breach, notably the requirement to give notice of the holding an industrial action ballot, and the total ban on solidarity action.

Congress notes with equal concern the decisions of the supervisory bodies of the European Social Charter that the UK is in breach of the Charter on identical grounds. Congress expresses concern that this year the European Committee of Social Rights held that the ban on prison officers in England and Wales taking industrial action breached the UK’s obligation to comply with Article 6(4) of the Charter which it has ratified.

Congress therefore calls on the government to introduce a second Employment Rights Bill to ensure our laws comply with our ratified international obligations.

POA